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  • ON-DEMAND

Trademark Fraud and Registration Challenges: Evidence, Defenses, and Litigation Strategies (On-Demand)

General Credits:
Original Date Of Course:

$179.00

Course Description

This 90-minute course explores fraud in trademark applications and registrations, including USPTO efforts to defend the integrity of the register, USPTO practices including letters of protest and expungement and reexamination procedures under the Trademark Modernization Act, and fraud as a ground for opposition and cancellation of trademark applications and registrations in the Trademark Trial and Appeal Board and federal district courts.

Principles

  • Identifying Fraud Risks Throughout the Trademark Lifecycle Recognize potential fraud at key stages of the trademark process, including application filing, registration maintenance, and enforcement, and understand how inaccurate or misleading submissions can affect trademark rights and registration validity.
  • Pleading Fraud with Specificity and Procedural Precision Understand the requirements for asserting fraud in opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB) and in federal district court, including the particularity requirements for fraud allegations and common pleading pitfalls.
  • Building an Evidentiary Record to Prove or Defeat Fraud Develop strategies for gathering, evaluating, and presenting evidence of fraudulent intent and material misrepresentations at summary judgment or trial, while distinguishing actionable fraud from mistakes, inaccuracies, or negligent statements.
  • Using Fraud Allegations and Defenses Strategically in Trademark Litigation Evaluate fraud as a basis for challenging trademark applications and registrations, as well as a potential defense to infringement claims, while considering the applicable legal standards, burdens of proof, and procedural implications.
  • Understanding USPTO Enforcement and Registration Integrity Procedures Examine USPTO initiatives to protect the integrity of the trademark register, including letters of protest, expungement and reexamination proceedings under the Trademark Modernization Act, and other mechanisms for addressing fraudulent or improper submissions.

Syllabus

  1. Inflection points for fraud in the trademark lifecycle
  2. Pleading fraud as a ground for cancellation of a federal trademark registration and common pleading errors
  3. Providing fraud at summary judgment or trial
  4. Fraud as a defense to infringement claims
  5. USPTO enforcement efforts to protect the integrity of the register against fraudulent submissions

Credit Details

Course Type

Course Instructor

Lesley McCall Grossberg, Esq., Nancy Rubner Frandsen, Esq.
Original Date Of Course

General Credits

1.5
Lesley McCall Grossberg, Esq.
Lesley McCall Grossberg, Esq.
Lesley McCall Grossberg, Esq. leads the Intellectual Property practice at Ice Miller and is an experienced litigator representing clients in patent, copyright, trademark, and trade secret matters in federal courts, appellate proceedings, and before the Trademark Trial and Appeal Board and International Trade Commission. She previously clerked for judges in the U.S. District Court for the Eastern District of Virginia and the U.S. District Court for the District of New Jersey, and serves as an adjunct professor of trademarks and unfair competition at Temple University Beasley School of Law.
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Nancy Rubner Frandsen, Esq.
Nancy Rubner Frandsen, Esq. is Senior Counsel at Royer Cooper Cohen Braunfeld with over 40 years of experience in intellectual property law, specializing in trademark and copyright matters, strategic counseling, portfolio management, and enforcement before federal courts and the Trademark Trial and Appeal Board. She is an Adjunct Professor at Temple University Beasley School of Law, a former Adjunct Professor at Villanova University Charles Widger School of Law, and co-founder and program chair of IP Philly, a seminar that convenes judges, practitioners, and industry professionals to discuss developments in intellectual property law.
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